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Constitutionality Of SDB Preference Still Undecided

Client Alert | less than 1 min read | 07.12.05

Expressing some frustration, the Federal Circuit in Rothe Dev. Corp. v. Dep't of Def. (June 28, 2005) remanded to the district court a second time for a determination of whether the latest enactment of the small disadvantaged business evaluation preference is constitutional, despite the price percentage bonus currently being suspended. The Federal Circuit repeated that the district court must apply strict scrutiny and must review evidence as to what Congress considered in establishing the preference.

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Client Alert | 3 min read | 01.21.26

Atlantic Biologicals Opioid DPA: DOJ Continues Ramp Up of Criminal Corporate Healthcare Enforcement

On January 13, 2026, Miami-based pharmaceutical wholesaler Atlantic Biologicals Corporation entered into a two-year DPA, admitting to conspiracy to distribute and dispense controlled substances, including more than 14 million opioid doses to “pill mill” pharmacies in Texas at a markup. The DOJ and DEA underscored the company’s deliberate evasion of compliance checks and disregard for red flags signaling diversion....